浅析我国发展国际保理存在的问题及对策 英文文献及翻译.doc

1、How does our country develop positively international guarantees the principleGuarantees the principle is one kind of credit administration and the financing method stems from English “Factoring”, from used the scope to be possible to divide into domestic guarantees the principle and international g

2、uarantees the principle. International guarantees the principle is refers to the exporter to put on somebodys account, when way sell goods and so on invoice, business buys up the exporter the account receivable, and provides the fund to allow temporary credit, the importer credit appraisal, the sale

3、s account management, the credit risks guarantee, the credit to receive after dunning and so on a series of service comprehensive financial service way. Now has become the hot spot which gradually the economic world, the financial circles pay attention.First, international guarantees the principle a

4、pplication superiority and the traditional method of settling accounts compares, international guarantees the principle service to the exporter, the importer and bank factor has its application superiority: (one) speaking of the exporter. 1, guarantees the principle service to provide the convenienc

5、e which or the processing post-sale supervisory work for the exporter the fund allows temporary credit, reduces its unproductive disbursement, after documentary evidence outright sale for bank, so long as factor its commercial quality and the conditions of delivery goods conform to the contract prov

6、ision, may obtain 100% exchange-earning safeguard. In being without recourse guarantees under the principle service, the complete credit risk and the exchange rate risk forward to the bank to undertake. May cause the exporter through this way in the limit of credit which factor approves, eliminates

7、the risk which, because the buyer protests the loans or the bankruptcy go out of business create the credit which is unable to take back; 2, the exporter may through provide have the competitive power, more advantageous 0/A, D/A or D the /P payment terms, increases trades the successful opportunity,

8、 develops the overseas market, the export expansion trade share. (two) speaking of the importer. 1, international guaranteed the principle to save the importer to apply to the bank to draw up the letter of credit and the payment earnest money procedure and the expense, simplified the import and expo

9、rt procedure, raised the efficiency. The importer may depend on its prestige and the good financial performance obtains the buyers credit, does not need to mortgage; 2, international guarantees the principle service to cause to sell on credit into possibly, the importer uses D/A or the O/A preferent

10、ial benefit payment method, enables the limited fund to obtain the full use, the acceleration turnover of capital, increases the trade access for it;3rd, the buyer has received the cargo before the payment, has the time and the opportunity inspect goods whether to meet the requirement, therefore has

11、 provided the transaction safety control for the buyer. (three) speaking of bank factor. international guarantees the principle to be more obvious to the bank factor superiority: 1, the bank may use in the existing resources development to ask the service, increases the income, the attraction high q

12、uality customer. According to the international convention, the development international guarantees the principle service the profit to be equal to traditional settlement business income nearly 10 times, the profit is quite objective.2nd, improves the bank credit assets structure. Guarantees the fu

13、nd which the principle service provides to allow temporary credit, is situated between clean loan and the secured loan financing behavior, therefore may optimize the bank the credit assets structure. 3, enhances the bank the international image. The bank is engaged in international guarantees the pr

14、inciple service, joins the International factor Federation, with various countries bank, will guarantee the principle company to carry on the business contact, may gain in the international service experience, enhance international imageSecond, international guarantees the principle service the posi

15、tive role1, to be advantageous to the exporter gain related information, the enhancement competitive power. Guarantees a principle organization generation of exporter to carry on the investigation to importers credit, for exporter whether to provide the commercial credit, the expansion realization o

16、f goods decision-making to the importer, provides the information and the data. Moreover, because guarantees the principle organization knowledge foreign market situation, they also frequently put forward the proposal to the small exporter, assists it to sneak in the international market, strengthen

17、s its international competition ability.2, is advantageous takes back the fund as soon as possible in the exporter, enhances the fund the operational effectiveness. The exporter finished cargo shipping, then immediately obtained the financing fund, reduced the fund flow cycle. Not only raised the fu

18、nd operational effectiveness, but may also reduce the enterprise operation cost, increases the profit income.3, is advantageous in the exporter shift fund risk. After guaranteeing principle organization being without recourse to sell outright the exporter the outward cargo creditors rights, so long

19、as its commercial quality and the conditions of delivery goods conform to the commercial contract stipulation, the exporter may passes the burden the credit risks and the exchange rate risk for guarantees the principle organization, eliminated the latent bad account risk, the loan returns-ratio dist

20、inct enhancement.4, economical unproductive expense disbursement. After the exporter the exported goods power transmission for guarantees the principle organization, may the concentrate efforts to carry on the next step production and the marketing, reduces enterprises administrative personals, over

21、head charge and so on unproductive the expense disbursements. 5, is advantageous in maintaining and enhances the exporter the credit. The exporter through guarantees the principle organization to allow temporary credit the fund, not only will not increase in the enterprise assets debt table the debt

22、, instead will make in the property debt table the property to increase, the improvement debt/assets ratio, will be advantageous to enterprises negotiable securities going on the market with further finances.Third, our country guarantees the principle service existence question international to guar

23、antee in the principle trade development in our country mainly to have following several question 1, the legal flaw. So far our country to guarantees the principle service not special legal rule and the judicial interpretation court aspect also little extremely has the legal precedent. For example g

24、uarantees the principle the foundation is the creditors rights effective transfer but creditors rights transfer can only defer to Law of contract in our country 12 very broad stipulations: The contract potency may transfer the transfer to inform the debtor, but is effective. But in the export commer

25、cial invoice discount service (has recourse to guarantee principle), the exporter is not willing on the receipt to further assignment clause generally, then how “the notice” does manifest this question not corresponding judicial interpretation.2, the credit mechanism is not perfect. At present the s

26、ocial credit system not yet forms, obtains with difficulty with the enterprise credit related public information, the bank is unable to carry on the credit appraisal besides own customer enterprise. In overseas, imports factor to be possible many kinds of channels which asked through the official or

27、 the people to gain importers credit rating and the credit situation, in addition enterprises financial reporting can for its checking limit of credit. But Our country Enterprises financial reportings authenticity is worth questioning, in addition the partial enterprises do not keep ones word, inten

28、d to fall behind the loan, runs away the waste bank debt phenomenon to be common, the bank worried that some customers through international guarantee the principle service, the bad account receivable will pass the burden for the bank. 3, guarantees the principle service the independent question. Ou

29、r country Enterprises financial reportings authenticity is worth questioning, in addition the partial enterprises do not keep ones word, intend to fall behind the loan, runs away the waste bank debt phenomenon to be common, the bank worried that some customers through international guarantee the pri

30、nciple service, the bad account receivable will pass the burden for the bank. 3, guarantees the principle service the independent question. Guarantees the principle service is one kind is different with the bank tradition service product, the overseas bank guarantees the principle service successful

31、 experience is, must guarantee that guarantees in the principle business management to have certain independence, and gives the letter examination and approval authority including certain sales decision-making power. Generally speaking the overseas development guarantees the principle service the or

32、ganization is mostly guarantees the principle company or the bank independent department. But our country as a result of related laws and regulations vacancy, also does not have special to guarantee the principle company, the bank has not set up the independent department to handle guarantees the pr

33、inciple service. International guaranteed the principle service market access was still the vacuum. At present guarantees the principle service to handle by the bank, but actually to international guarantees the principle is the international settlement service one kind of independent service variet

34、y, until now does not have the conclusion, from this has a series of financial supervision question.4, gives the letter question. At present Our country Bank basically will guarantee the principle to give the letter to regard the same tradition credit operation to give the letter to carry on the man

35、agement, chooses with the credit customer appraisal standard guarantees the principle customer, specially imports guarantees the principle often to request the customer (importer) the property scale to be big, can provide the corresponding mortgage to guarantee to do guarantees the principle. But ov

36、erseas factor requests Our country Bank to narrate makes the import to guarantee the principle the customer often is the small and medium-sized enterprise or the Private enterprise, is unable to satisfy Our country Bank to give the letter request, therefore our country international guarantees in th

37、e principle the import to guarantee the haircut to extend slowly. Actually, this kind gives the letter method with in the true sense to guarantee the principle to have not the symbol, in overseas, factor only depends on the customer the credit situation financial reporting and so on for the customer

38、 to check that limit of credit judgment standard to whether to have the high quality account receivable, but does not need the customer to provide the mortgage guarantee.Fourth, the conclusion and countermeasure looked from international and the domestic experience, develops vigorously international

39、 guarantees the principle service, forms the standard to guarantee the principle market to expand the import and export enterprise financing channel, the promotion international trade growth to have the very vital practical significance. From internationally looked that international guaranteed the

40、principle service already to become a mature product, also obtained the European and American countries, the Asian country in the global trade widely to accept and to approve. As the international trade great nation, our country in the foreign economical intercourse, should not remove, in internatio

41、nal guarantees outside the principle market, but is should develop positively international guarantees the principle service use international to guarantee the principle service the superiority, enhances our country Enterprises international competitiveness. Guarantees the principle trade developmen

42、t present situation according to our country to propose that the following development suggested:1, is guaranteeing the principle organization to set up the aspect to relax the related policy. The Peoples Bank or the Banking Regulatory Commission takes the supervision organization, on the one hand s

43、hould encourage to have ability Commercial bank launch to guarantee the principle service, on the other hand, should also allow to set up special guarantees the principle organization. Sets up the aspect from the organization, credible warning overseas experience. Guarantees the principle companys o

44、peration and the bank is different, some set of special operating condition and the operating system need to have the very rich specialized knowledge, to the market familiar and the science credit appraisal system. Our country may consider that introduction world famous guarantees the principle comp

45、any enters our country by the sole ownership company or Joint ventures form to guarantee the principle market, accelerates domestic to guarantee the principle organization the construction.2, strengthens the internal commerce bank to guarantee the principle service operational guidance mechanism con

46、struction. The first bank should strengthen with the domestic and foreign banks, overseas guarantees the principle companys cooperation, the study overseas guarantees the principle service the advanced experience and the policing method. Refers to the international convention to formulate the system

47、 interior to guarantee the principle service working instruction, establishes the standard to guarantee the principle account executive management mechanism. Next, should improve guarantees the principle service the management method, on the one hand, uses the electron data exchange technology posit

48、ively (Electronic data Interchange), uses for to transmit the trade data, raises the efficiency. On the other hand, develops the enterprise sale situation and the account receivable management system extremely is advantageous for the development bookkeeping management and the credit receives after d

49、unning and so on services. Third, should consummate the risk management mechanism, establishes the science the enterprise credit appraisal system. Fourth, should strengthen the servicers to train, raises one batch of high qualities, to grasp skilled guarantees the principle service, familiar international to guarantee the principle convention and the joint pledge professional.3, the consummation international guarantees the principle service laws and regulations construction. In order to promote our country to guara